Why the notary is compulsory, and what they actually do
A hypothec on immovable property must be received by a notary, en minute, on pain of nullity (article 2693 of the Civil Code of Québec), without exception: no notary, no valid hypothec, so no financing.
Between the promise to purchase and the signing, the notary investigates: the seller’s titles, discharge of hypothecs, unpaid municipal and school taxes, the certificate of location. The notary also receives the lender’s funds and distributes them. Each check depends on a third party: an incomplete file cannot be fixed the day before.
